Privacy Policy

Introduction

This Privacy Policy (“Policy”) is a LEGAL and BINDING AGREEMENT between you and Vibelyst, Inc. (“Vibelyst”). Please review this Policy fully before you access and/or use Vibelyst’s website located at http://www.vibelyst.com (the “Website”), Vibelyst’s Blog located at http://www.vibelystblog.com (“Blog”), Vibelyst’s Dapper application (“Dapper”) or any of Vibelyst’s social media sites (the “Social Media Sites”) as described below. As used in this Policy, the word “Sites” shall include Vibelyst’s Website, Blog and Social Media Sites.

The Sites are intended to be a safe environment for anyone who accesses and/or uses them. Vibelyst owns and/or licenses all of the information and content that is featured, displayed, or contained on any of Vibelyst’s Sites including without limitation user profiles, posts, comments, software codes and all other information in any and every format now existing or that may be created in the future, including without limitation text, graphic designs, still images, videos, audio and multimedia (collectively, the “Content”) including User Content. “User Content”, as used in this Policy, refers to all information, posts, comments, reviews, user profiles, behavioral data, and narratives that you or any other user of the Sites posts, submits, or otherwise transmits and/or uploads to any of the Sites.

Vibelyst has created this Policy to demonstrate our commitment to the privacy of users of our Sites. This Policy governs your access and use of the Sites and Vibelyst’s privacy practices with respect to the Website, Social Media Sites and Dapper. By using, downloading and/or registering for Vibelyst’s Sites, you consent to the collection, processing, use, disclosure and retention of your information by Vibelyst as described in this Policy. You shall also be subject to any additional terms posted with respect to individual sections of Vibelyst’s Sites, which also govern your use of Vibelyst’s Sites. These additional terms include without limitation the Terms of Service for Vibelyst’s Sites located at: https://www.vibelyst.com/terms (the “Terms of Service”). In addition, you agree to be bound by the terms and conditions, privacy and/or other policies (the “Social Media Platform Rules”) of any of the social media sites and platforms on which Vibelyst’s Social Media Sites reside.

Your Acceptance of this Policy

If you do not agree to this Policy, you are directed to discontinue using and accessing Vibelyst’s Sites. Vibelyst reserves the right to change or update this Policy at any time and without prior notice. Your continued access or use of Vibelyst’s Sites after such changes or updates indicates your acceptance of the Policy as changed or updated. It is your responsibility to review this Policy regularly. This Policy was last updated on June 7, 2018.

Collection, Processing, Use, Disclosure and Retention of Information About You

Vibelyst collects certain information from users of the Sites, either directly from users who provide the information to Vibelyst or by automatically collecting certain information when you use the Sites. When you use our Sites, Vibelyst and/or third party service providers Vibelyst uses automatically track certain information about you (the “Tracking Information”). This information includes your Internet Protocol (IP) address, your Internet browser and version, your operating system, information regarding your tablet, smartphone, wearable device or other device that has an Internet browser application (a “Mobile Device”), the Internet site or URL from which you came from prior to landing on Vibelyst’s Sites, the date and time that you access or use our Sites, location information (including without limitation geolocation information), metadata information, searches that you conduct, key words, the fact that you visited the Sites, the pages that you visit within the Sites, and the Internet site, URL or social media page or platform to which you go upon leaving Vibelyst’s Sites. Vibelyst reserves the right to use and sell this Tracking Information, in an aggregated and non-personally identifiable form, to among other things monitor the Sites’ performance, utilization of features and services, traffic trends, and other analytical and optimization information. Vibelyst also reserves the right to use and sell User Content and any data and/or information derived from same in an aggregated and non-personally identifiable form.

“Cookies”, “web beacons”, Internet tags, pixel tags, and clear GIFs (collectively, “Cookies”) are pieces of information that may be placed on your computer or Mobile Device by a website, social media site or platform, or application for the purpose of facilitating and enhancing its communications and interactions with you. Vibelyst may use Cookies to customize your visitation experience, deliver Content consistent with your stated interests and provide you with custom-tailored Content. By showing Vibelyst how and when its users use the Sites, Cookies also help Vibelyst ascertain which areas are popular and which are not. Most Internet browsers are initially set to accept Cookies, but you can set your Internet browser to refuse Cookies. By refusing to accept Cookies, this may impact your ability to access certain portions of the Sites. In addition, you can delete Cookies from your browser’s history cache. Please refer to your browser’s instructions or FAQ for information about using its Cookie settings.

Except as otherwise provided in this Policy or our Terms of Service, Vibelyst shall not share, license, sell, trade or rent any of your personal information to third parties without your advance written permission or as and to the extent required by law. When you communicate with Vibelyst via email, telephone or otherwise, Vibelyst may become privy to personal information about you such as your name, address, zip code, phone number, and email address. By using or accessing the Sites, you shall be deemed to expressly opt-in and you knowingly and voluntarily consent to Vibelyst contacting you, subject to applicable laws. You expressly consent to Vibelyst using your information, including without limitation your personal information, including without limitation your name, phone number and email address, to: contact you regarding your activities on the Sites, including without limitation regarding the creation and/or update of an account on the Website or Dapper and any transaction or review on the Website or Dapper; provide you with goods and/or services on the Sites; to comply with applicable laws; and fulfill any other purposes for which you provide your information to Vibelyst. You may at any time prevent Vibelyst from using your email address by “opting out” of specific mailing lists and services. To “opt out,” please send an email to Vibelyst at contact@vibelyst.com, indicating that you no longer wish to receive specific mailing lists and services.

When you provide any information to Vibelyst by way of the Sites, including without limitation any personal information or Tracking Information, you understand and consent to the collection, processing, use, disclosure and retention of your information by on or behalf of Vibelyst to the maximum extent permitted by applicable laws. Vibelyst may disclose your information to its affiliates, subsidiaries, contractors, service providers and/or any other third parties in connection with providing goods and/or services through the Sites. Vibelyst’s collection of your personal information shall be subject to the provisions of this Policy and the Terms of Service. You may withdraw such consent as provided in this Policy or Terms of Service, provided that pursuant to law or other reasons, there may be circumstances in which you may not withdraw your consent to the collection, processing, use, disclosure and retention of your information. In any such case of your withdrawal of consent, you acknowledge that there may be a delay before Vibelyst fully implements your withdrawal request and you may therefore still be contacted by Vibelyst for a period of time thereafter in connection with prior consent. Notwithstanding your withdrawal of any consent, Vibelyst may subsequently contact you for other purposes that are unrelated to marketing and/or selling, including without limitation legal or regulatory purposes. Please be aware that applicable laws may require or permit the collection, processing, use or retention of your information without your consent.

Most Internet browsers can be set to transmit digital “Do Not Track” requests to websites and social media sites and platforms. Such sites may but are not required to comply with “Do Not Track” requests. At this time, Vibelyst does not respond to any digital “Do Not Track” requests.

You must protect the privacy of your own information. You must take precautions to protect the security of all personal information that you may transmit to, from or through the Sites over any home networks, routers, private wireless (WiFi) networks, public WiFi networks, and all other communication technologies. You must use encryption and other privacy techniques to prevent unauthorized persons from intercepting and/or receiving any such personal information. You are solely responsible for the security of all such information at all times. Consistent with the foregoing, you shall not utilize unencrypted, open access or otherwise unsecured networks in connection with your access to and/or use of the Sites.

If Vibelyst sells or transfers all or a portion of its business, whether to an affiliate, subsidiary, related entity, third party or otherwise, or if Vibelyst enters into a consolidation, reorganization, dissolution, merger, sale of stock or assets, or any similar transaction or enters into bankruptcy or insolvency, you expressly agree that Vibelyst shall have the right to sell, license or otherwise transfer any information Vibelyst has about you, including, without limitation, any personal information. In such event, Vibelyst shall request that the parties involved in any such transaction endeavor to conduct the collection, processing, use, disclosure and retention of your information in the same manner as Vibelyst does in this Policy.

If you have any questions about Vibelyst’s handling or use of your personal information, please contact Vibelyst at the address below:

Vibelyst, Inc.

12 West 32nd Street

Room 606

New York, NY 10001

Vibelyst’s Social Media Sites

Vibelyst maintains accounts and sites on independent third party social media websites, platforms and applications including without limitation, Facebook, Twitter, LinkedIn and Pinterest. Your use of Vibelyst’s Social Media Sites shall be subject to all of the following: this Policy; Vibelyst’s Terms of Service; and the terms of use, privacy policy, and all other applicable terms and conditions for each social media site and platform on which Vibelyst’s Social Media Sites reside, as in effect at such time.

In addition, when you register to use social media websites and platforms in general, you are generally required to furnish profile and other information to such websites and platforms in accordance with their own internal policies. Therefore, by using Vibelyst’s Social Media Sites, you are authorizing Vibelyst to collect and retain information about you, including your profile and other information that you have disclosed to such social media websites and platforms and other tracking information arising from your access and use of Vibelyst’s Social Media Sites. You expressly consent to Vibelyst’s collection and retention of such information in accordance with this Policy and the Terms of Service.

Registration and Passwords

The Website and the Social Media Sites allow you to enable various social media sites and platforms such as Facebook to be directly integrated into your Vibelyst user experience. To take advantage of this feature, Vibelyst shall ask you to enter your Facebook username and password in order to log onto Facebook or in connection with your access to and use of Vibelyst’s Sites and its features. As part of such integration, Facebook and/or other social media sites or platforms may provide Vibelyst with access to certain information that you have provided to them, and Vibelyst reserves the right to use, store and disclose such information in accordance with this Policy.

Access to selected sections and pages on the Sites is limited to users who have logged onto the Sites using a registered username and password and/or their Facebook accounts for identity verification purposes. You shall not distribute to or share your Facebook login information or other username or password with any other person. You are solely responsible for maintaining the confidentiality of your Facebook login information or other username and password and Vibelyst expressly disclaims any and all responsibility for any disclosure or breach of confidentiality of same. You shall be responsible for all consequences and damages arising from all uses of your Facebook login information or other username and password, whether or not authorized by you, and Vibelyst expressly disclaims any and all responsibility for same. In addition, the use of your Facebook login information is also subject to Facebook’s own policies and requirements, for which Vibelyst shall have no liability or responsibility whatsoever.

Financial Transactions

All financial transactions conducted on the Website shall be carried out using third party merchant service providers that are not affiliated with or under the control of Vibelyst. All payment options on the Website are made through such merchant services. Financial transactions conducted on Dapper may be carried out using third party merchant service providers that are not affiliated with or under the control of Vibelyst. You agree to be bound by the terms, conditions and policies of all such merchant service providers. You agree that Vibelyst shall not be responsible for any transactions or dealings conducted through such merchant service providers. You further agree that Vibelyst shall not be responsible for any financial transactions or dealings conducted through the Website, including by any third party merchant service providers. It shall be the user’s responsibility to pay any fees, charges and/or costs associated with the use of any merchant service providers on the Website or on Dapper. Presently, Vibelyst uses Stripe as its third party merchant service provider on the Website and on Dapper. Stripe’s website is located at www.stripe.com. You agree to be bound by the terms, conditions and policies of Stripe.

You agree that the goods and/or services offered on the Sites may be impacted and/or changed by any change to the services offered by third party merchant service providers, including without limitation Stripe. You agree not to seek any recovery or recourse from Vibelyst relating to any financial transactions in which you engage via the Website and that you shall look exclusively to such merchant service providers, and not to Vibelyst, for any and all recovery and recourse. You agree that Vibelyst may charge a separate service fee in connection with any goods and/or services offered and sold on its Sites.

Mobile Device Users of Vibelyst’s Sites

You can access and use Vibelyst’s Sites with a Mobile Device, subject to any registration requirements with Vibelyst and provided that you subscribe or have access to a mobile telecommunications network. You are solely responsible to pay any and all service and/or telecommunications provider fees for mobile Internet access to Vibelyst’s Sites including all applicable text messaging fees and data and other charges. Vibelyst shall not be responsible for any technical or other difficulties that you may experience when you use any Mobile Device or public or private mobile communications network to access or use any of Vibelyst’s Sites. Some of the features of Vibelyst’s Sites may not be available or accessible when you view Vibelyst’s Sites using a Mobile Device. You understand that Vibelyst is providing its Sites to you on an “as is” basis without any warranty or guarantee whatsoever. Vibelyst reserves the right to change, suspend or discontinue the Mobile Website and/or your use of the Mobile Website at any time for any reason without prior notice to you.

In addition to the Tracking Information described above, when you use a Mobile Device to access and/or use the Sites, Vibelyst may collect and process information and metadata about geographic location, mobile device, your mobile network, IP address and other information, including without limitation information about nearby devices including Mobile Devices, WiFi access points and cellular communications towers that can be derived technologically from the use of your Mobile Device. Vibelyst is entitled to use this information as described in this Policy.

Most Mobile Devices allow a user to control and disable location services, Cookies, and other privacy settings. Please refer to the instructions for your Mobile Device for additional information.

There are many potential risks when you use a Mobile Device. If your Mobile Device is lost, stolen, or compromised, or if someone else gains access to your mobile network, your personal information could be compromised or hacked. Vibelyst expressly disclaims any and all liability and responsibility for any such compromise and/or hack and any and all damages arising from same.

Risks

Vibelyst strives to protect the personal information, confidentiality and privacy of each user. However, Vibelyst cannot and does not guarantee the security of any personal information or Content that you disclose online or submit to Vibelyst via the Sites or otherwise, and you do so solely at your own risk.

You acknowledge that you are aware of security and privacy limitations including but not limited to: (1) the global accessibility of Vibelyst’s Sites on the Internet; (2) the technological limitations of security, privacy, and authentication measures and features on Internet sites and specifically on Vibelyst’s Sites; (3) the risk that data or information is transmitted to or from Vibelyst’s Sites may be subject to eavesdropping, sniffing, spoofing, forgery, spamming, “impostering”, tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, denial of service attacks, nuking, system contamination (including computer viruses, Trojan horses, worms, defects, date bombs, time bombs, malware, ransomware, bugs, executables or other items of a destructive nature or any other malicious computer codes, scripts, applications or programs) causing unauthorized, damaging, or harmful access to and/or retrieval of information and data on your computer or network; (4) the risk that data or information on any of Vibelyst’s Sites may be subject to other security or privacy hazards, may not reach its destination, or may reach an erroneous address or recipient; (5) unauthorized access by third parties; and (6) the content or the privacy policies of other websites and social media websites and platforms, including without limitation those to which Vibelyst may link or be linked.

Children

Vibelyst is committed to the safety of children and to protecting the online privacy of children. Vibelyst does not request or knowingly collect any personal information from children under the age of thirteen (13). If Vibelyst becomes aware that a child under the age of thirteen has provided personal information to the Sites, Vibelyst shall take reasonable measures to delete all such information from Vibelyst’s stored records; provided, however, that in instances in which Vibelyst collects a persistent identifier and no other personal information, Vibelyst may use such identifier solely to provide support for the internal operations of the Sites. Vibelyst relies on the parents and guardians of children to monitor their children’s access and use of the Internet, including Vibelyst’s Sites.

Your California Privacy Rights

Annually, California residents may request and obtain personal information that Vibelyst has shared with third parties for such third parties’ direct marketing purposes within the prior calendar year (as defined by California Civil Code § 1798.83, commonly known as California’s “Shine the Light Law”). If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which Vibelyst shared this information in the immediately preceding calendar year. To obtain this information, please send an email message to contact@vibelyst.com with the words "California Shine the Light Privacy Request" in the subject line as well as in the body of your message. Vibelyst shall then furnish the requested information to such email address.

Law Enforcement

Vibelyst fully cooperates with law enforcement personnel and agencies in identifying those who use our services for illegal activities. Vibelyst reserves the right to release information to law enforcement agencies about any user of the Sites, including without limitation any personal information or Tracking Information, whenever required by law, court order, other legal process, government agency or authority, or regulatory agency or authority or whenever Vibelyst, in its sole and absolute discretion, believes: (i) a user is engaging in any activities in violation of this Policy, the Terms of Service and/or applicable law; (ii) disclosure is necessary to prevent physical harm or financial loss; or (iii) is necessary in connection with an investigation of suspected and/or actual illegal activity.

General Provisions

You and Vibelyst have agreed to this Policy within the State of New York for all purposes. Any and all claims, disputes or legal proceedings arising out of or in connection with this Policy including, without limitation, its validity, interpretation, performance or breach, shall be adjudicated exclusively in the United States District Court for the Southern District of New York or the Supreme Court of the State of New York, County of New York. You expressly consent to the exclusive jurisdiction of such courts over you. You expressly waive any claim of forum non conveniens. You agree to reimburse Vibelyst for its reasonable legal and professional fees and expenses of instituting or defending a lawsuit against or by you. This Policy and its validity and effect shall be interpreted under and governed by the substantive laws of the United States of America and the State of New York, without regard to principles of conflict of laws or statutes.

YOU AGREE TO WAIVE ANY RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM, DISPUTE OR LEGAL PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS POLICY. IN ANY SUCH CLAIM, DISPUTE OR LEGAL PROCEEDING, YOU AGREE NOT TO JOIN OR CONSOLIDATE CLAIMS, DISPUTES OR LEGAL PROCEEDINGS BY OR AGAINST OTHER CUSTOMERS IN COURT OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

No action or inaction by Vibelyst may be construed as a waiver of this Policy or any part thereof. If any of the provisions of this Policy are held to be invalid, unenforceable or illegal, the validity, enforceability and legality of the remaining provisions of this Policy shall not be affected thereby and shall continue in full force and effect.

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